1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and maintenance project partnership established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) whose area is 43,915 square meters in Busan Seo-gu C, Busan, as a rearrangement zone, and a building as indicated in the attached Form (hereinafter “instant building”) belongs to the rearrangement zone.

B. On May 19, 2016, the Plaintiff was authorized by the head of the Busan Metropolitan Government Council from the head of the Gu with respect to the instant improvement project (hereinafter “instant management and disposition plan”), and the said management and disposition plan was publicly announced on the same day.

C. The Defendant, as the owner of the instant building, became an object of cash settlement by failing to apply for parcelling-out to the Plaintiff within the period of application for parcelling-out.

On November 20, 2017, Busan Metropolitan City Regional Land Expropriation Committee rendered a ruling on the expropriation of the instant building under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “instant expropriation ruling”).

E. Accordingly, on December 28, 2017, the Plaintiff deposited the full amount of the compensation determined by the instant confinement ruling with the Defendant as the principal deposit (No. 2281 of 2017).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the main sentence of Article 81(1) of the Act on the Improvement of Urban Areas and Dwelling Conditions, when a management and disposal plan is authorized and publicly notified, the owners, superficies, persons having rights to lease on a deposit basis, lease on a deposit basis, etc. of the previous land or buildings shall not use or profit from the previous land or buildings until the date of public announcement of transfer under Article 86 of the same Act, and the project implementer shall be entitled to use or profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010): Provided,